New Delhi: No institution can deprive a woman of her right to maternity leave, the Supreme Court held on Friday. The bench of Justice Abhay S Oka and Justice Ujjal Bhuiyan ruled that maternity leave is an integral component of maternity benefits and a vital part of women’s reproductive rights.
The bench was hearing a petition filed by a government teacher from Tamil Nadu who was denied maternity leave after the birth of her child from a second marriage.
In her petition, the woman said her maternity leave was denied on grounds that she had two children from her first marriage. Tamil Nadu has a rule that maternity benefits will only be extended to the first two children.
The petitioner said she had not availed of any maternity leave or benefits for her two children from her first marriage. The woman also claimed that she entered government service only after her second marriage.
Appearing for the petitioner, advocate K V Muthukumar, submitted that the state’s decision violated his client’s fundamental rights as she previously didn’t avail of Tamil Nadu’s maternity benefit provisions.
Siding with the petitioner, the Supreme Court expanded the scope of maternity benefits, saying maternity leave would now be recognised as part of basic reproductive rights.
In 2017, significant amendments were made to the Maternity Benefit Act on the Supreme Court’s orders. The maternity leave was increased from 12 weeks to 26 weeks for all women employees. Women choosing to adopt a child are also entitled to 12 weeks of maternity leave, India Today reported.
Previously, the Supreme Court has emphasised the right to maternity leave in several cases. The top court earlier said that maternity leave was the right of all women employees, regardless of the nature of their employment.
